[HISTORY: Adopted by the Mayor and Town Council of the Town
of Oakland 5-6-2013 by Ord. No. O2013-01. Amendments noted where applicable.]
A.
For the purpose of this chapter, "nuisance" is generally defined
to mean a use of property or course of conduct that interferes with
the rights of others by causing damage, annoyance, or inconvenience.
B.
A nuisance, as regulated by this chapter, includes, but is not limited to, the list of "nuisances enumerated" as set forth in § 190-2 hereunder. Certain conditions or activities, such as dangerous buildings, noise and open burning, are in the nature of a nuisance, however, these activities, among others, may be regulated under separate ordinances. Additionally, certain conditions or activities which are within the general definition of "nuisance" fall under the ambit of § 190-2O as nonenumerated activities which can be regulated hereunder.
Each of the following conditions, actions or activities, unless
otherwise permitted by law, is declared to constitute a public nuisance,
and is subject to enforcement and penalties as provided hereunder:
B.
The existence of any tree, shrub or foliage growing on, over, around
or in front of any hydrant, curb box, water system connection or any
other appliance or facility provided for fire protection purposes
in such a way as to obscure the view thereof or impair the access
thereto.
C.
The existence of any materials or objects which discharge a persistent
noxious odor.
D.
The existence of any physical condition or use of property or its
appurtenances which is accessible to and constitutes an attractive
danger to children, including but not limited to open wells, swimming
pools, shafts, excavations or pits, unsafe fences or structures, and
discarded refrigerators or freezers with doors attached.
E.
The existence of lighting fixtures or other light sources which emit
flashing or excessively bright light beyond the property line which
is likely to, or does, impair the vision of, or annoy, persons on
neighboring properties or of passersby.
F.
Littering, dumping or otherwise unlawfully depositing refuse, trash,
debris or any other material without a permit.
G.
The erecting, maintaining, using, placing, depositing, leaving or
permitting to be or remain in or upon any private lot, building, structure
or premises, or in or upon any street, alley, sidewalk, park, parkway
or other public or private place in the Town, any one or more of the
following disorderly, disturbing, unsanitary, fly-producing, vermin-harboring,
disease-causing places, conditions or things:
(1)
Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the
whole or any part of any dead animal, fish or fowl, or waste parts
of fish, vegetable or animal matter in any quantity, but nothing in
this subsection shall prevent the temporary retention of waste in
approved covered receptacles or composting of vegetative matter using
accepted practices of containment and storage.
(2)
Any vaults, cesspools, sumps, pits or like places which are not securely
protected from flies and rats, or which are foul or malodorous.
(3)
Any open building foundations that, by their nature are unsafe to
pedestrians, children, and the general public.
H.
The depositing, or causing to be deposited in any street, alley,
sidewalk, park, parkway or other public place which is open to travel,
of any yard clippings, hay, straw, paper, wood, boards, boxes, leaves,
manure or other rubbish or material.
I.
The storage or keeping on any premises in public view for more than
30 days of any used or unused building materials, provided that nothing
in this subsection shall:
J.
The existence of any fence or other structure or thing on private
property abutting or fronting upon any public street, sidewalk or
place which is in a sagging, leaning, fallen, decayed or otherwise
dilapidated or unsafe condition.
K.
The existence or maintenance on any premises of a storage area, junkyard
or dumping ground for the wrecking or disassembling of automobiles,
trucks, trailers, house trailers, boats, tractors or other vehicle
or machinery of any kind, or for the storing or leaving of worn out,
wrecked, inoperative or abandoned automobiles, trucks, trailers, house
trailers, boats, tractors or other vehicle or machinery of any kind
or of any major parts thereof.
L.
The existence on any premises of any abandoned or unused well, cistern
or storage tank without first demolishing or removing from the Town
such storage tank or securely closing and barring any entrance or
trap door thereto or without filling any well or cistern or capping
the same in accordance with law.
M.
The existence of any drainage, outfall or sump pump outflow onto
or over or onto any sidewalk or public and/or private way.
N.
The plowing, shoveling, blowing or removal of snow from private property
onto any public street, alley, crossing or sidewalk.
O.
Any other condition, action or activity that presents a risk to public
health, safety or welfare as determined by the Mayor, Town Administrator,
Code Enforcement Officer or other agent as designated by the Mayor
or Town Council.
The maintaining of any of the conditions, actions or activities which are defined or identified herein as a nuisance shall constitute a municipal infraction subject to Chapter 40 of the Code of the Town of Oakland.
